Sep 20, 2017 – This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada (IRCC) staff. The authorities have posted this information on the Department’s website as a courtesy to all stakeholders.

It is worth highlighting that the possession of a Temporary Resident Permit (TRP) does not, in any way, exempt the Temporary Resident Permit (TRP) holder or their family members from the requirement of applying for work and study permits.

On receiving an application for a Temporary Resident Permit (TRP), the officer will need to consider issuing:

A work permit to the Temporary Resident Permit (TRP) holder in case the Temporary Resident Permit (TRP) is valid for at least six months under the provisions specified in subsection 199 (d) of the Immigration and Refugee Protection Regulations (IRPR) – refer to the section that appears subsequently in this document for more details on this – or,

A study permit to the Temporary Resident Permit (TRP) holder or their family members in case the Temporary Resident Permit (TRP) is valid for at least six months and if the Temporary Resident Permit (TRP) or their family members meet the prescribed requirements applicable to foreign nationals seeking a study permit under the provisions specified in subsection R215 (e) of the Immigration and Refugee Protection Regulations (IRPR) – refer to the section that appears subsequently in this document for more details on this

Note:

It is worth mentioning that when the applicant submits an application for a Temporary Resident Permit (TRP) at the same time and place as an application for a work permit and / or a study permit, the Temporary Resident Permit (TRP) will be fee exempt

This is in accordance with the provisions specified in subsection R298 (2) of the Immigration and Refugee Protection Regulations (IRPR) – refer to the section that appears subsequently in this document for more details on this

However, the authorities will require the applicant to pay the work or study permit fee

The authorities permit foreign nationals to apply for work permits after entering Canada in case the foreign nationals:

Carry work permits with them

Are working in Canada based on the authority given in the provisions specified in section 186 and are not business visitors within the meaning of section 187

Hold study permits

Hold Temporary Resident Permits (TRPs) issued under the provisions specified in subsection 24 (1) of the Immigration and Refugee Protection Act (IRPA) that are valid for at least six months

Are family members of a person who:

Holds a work permit

Is working in Canada based on the authority given in the provisions specified in section 186 and is not a business visitor within the meaning of section 187

Holds a study permit or,

Holds a Temporary Resident Permit (TRP) issued under the provisions specified in subsection 24 (1) of the Immigration and Refugee Protection Act (IRPA) that is valid for at least six months

Are in a situation described by the provisions specified in sections 206 or 207

Have applied for work permits prior to entering Canada and the authorities had approved the application in writing even though the authorities have not issued the permit as yet

Are applying as traders or investors, intra-company transferees or professionals as described by the provisions specified in section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2 (1) of the North American Free Trade Agreement Implementation Act and their countries of citizenship, by virtue of being countries party to that Agreement, grant to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorisation for multiple entries based on a single application or,

Hold written statements from the Department of Foreign Affairs and International Trade stating that it has no objection to the foreign nationals working at a foreign mission in Canada

The authorities permit foreign nationals to apply for study permits after they enter Canada in case these foreign nationals:

Hold study permits

Apply within the period commencing 90 days prior to the expiry of their authorisation for engaging in studies in Canada under the provisions specified in subsection 30 (2) of the Immigration and Refugee Protection Act (IRPA) or under the provisions specified in paragraph 188 (1) (a) of the Immigration and Refugee Protection Regulations (IRPR) and ending 90 days after that expiry

Hold work permits

Are subject to unenforceable removal orders

Hold Temporary Resident Permits (TRPs) issued under the provisions specified in subsection 24 (1) of the Immigration and Refugee Protection Act (IRPA) that is valid for at least six months

Are temporary residents who:

Are studying at the preschool, primary or secondary level

Are visiting or exchange students who are studying at designated learning institutions or,

Have completed a course or program of study that is a prerequisite to their enrolling at a designated learning institution or,

Are in situations described by the provisions specified in section 207

Similarly, the authorities permit family members of a foreign national to apply for study permits after these individuals enter Canada in case the foreign national resides in Canada and the foreign national:

Holds a study permit

Holds a work permit

Holds a Temporary Resident Permit (TRP) issued under the provisions specified in subsection 24 (1) of the Immigration and Refugee Protection Act (IRPA), which is valid for at least six months

Is subject to an unenforceable removal order

Is a member of the armed forces of a country that is a designated state as described by the provisions specified in paragraph 186 (d)

Is an officer of a foreign government as described by the provisions specified in paragraph 186 (e)

Is a participant in sports activities or events as described by the provisions specified in paragraph 186 (h)

Is an employee of a foreign news company as described by the provisions specified in paragraph 186 (i) or,

Is a person who is responsible for assisting a congregation or a group as described by the provisions specified in paragraph 186 (l)

The authorities require applicants to pay a fee of $200 towards the processing of an application for a Temporary Resident Permit (TRP).

However, the authorities provide an exemption from the payment of this fee of $200 to:

A person who is a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organisation of which Canada is a member, the members of the suite of such a person and the family members of such a person

A member of the armed forces of a country which is a designated state for the purposes of the Visiting Forces Act – this also includes a person who has been designated as a civilian component of that visiting force under the provisions specified in paragraph 4 (c) of that Act, and their family members

A person whose work in Canada would create or maintain reciprocal employment for Canadian citizens or permanent residents of Canada in other countries and who is a family member of a person referred to in the provisions specified in subparagraph 299 (2) (g) (iii)

A person in respect of whom an application for a Permanent Resident Visa (PRV), an application to remain in Canada as a permanent resident or an application under the provisions specified in subsection 25 (1) of the Immigration and Refugee Protection Act (IRPA) is pending or in respect of whom a decision under the provisions specified in subsection 25.1 (1) or 25.2 (1) of the Immigration and Refugee Protection Act (IRPA) is pending

A citizen of Costa Rica who is seeking to enter and remain in Canada during the period commencing on May 11, 2004 and ending on May 12, 2004 – in case the person does not hold a Temporary Resident Visa (TRV) but is not otherwise inadmissible

A person who is seeking to enter Canada

For the purpose of attending a meeting hosted by the Government of Canada, an organisation of the United Nations or the Organisation of American States as a participant

For the purpose of attending a meeting as a representative of the Organisation of American States or the Caribbean Development Bank or,

For the purpose of attending a meeting hosted by the Government of Canada, an organisation of the United Nations or the Organisation of American States at the invitation of the Government of Canada and,

A person who, while the individual is in transit to Canada, ceases to be exempt under the provisions specified in paragraph 190 (1) (a) from the requirement for a Temporary Resident Visa (TRV) in case, during the first 48 hours after the person ceases to be exempt from that requirement, the individual seeks to enter and remain in Canada and is inadmissible to Canada for the sole reason that the person does not have a Temporary Resident Visa (TRV)